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15 Feb 2021, 1:32 pm
Presumably, if plaintiff ‘repeated all requirements for employment,’she would have also completed a new employment application, defendant would have conducted a second background check on her, and she would have been required to submit to the same previously completed tests. [read post]
15 Feb 2021, 11:14 am
That issue arose in a pair of class action cases filed in California district courts in which the plaintiffs, airline employees who frequently traveled out of state, complained that their wage statements did not comply with the dictates of California Labor Code § 226. [read post]
15 Feb 2021, 2:01 am
Something that I hear repeatedly from HR experts is the idea that if the pandemic had happened 10 years ago, we’d all have been doomed. [read post]
15 Feb 2021, 2:00 am
The plaintiff estate filed a motion for a good faith finding, requesting the court to approve that Hartley’s Painting through its insurer offered $50,000 to settle and extinguish any potential liability, which she (Wendy Hartley) accepted. [read post]
14 Feb 2021, 3:33 pm
The plaintiff engaged in a testing program to see whether an assisted living facility would provide an ASL interpreter on request for a fiction future deaf tenant. [read post]
Delaware Supreme Court uses standing test from Primedia ruling to reverse merger challenge dismissal
14 Feb 2021, 3:24 pm
“Under Primedia’s three-part test, which applies to claims alleging an unfair merger because the price does not reflect the value of derivative claims, the plaintiff must allege a viable derivative claim assessed by a motion to dismiss standard,” Chief Justice Collins J. [read post]
14 Feb 2021, 7:07 am
This comes in parallel to a reference, sent by the Munich Regional Court to the CJEU, concerning the possibility of granting preliminary injunctions against those patents ,which have not been tested in an opposition or nullity proceeding. [read post]
13 Feb 2021, 9:08 am
(c)), to consider developing pilot programs to test the efficacy of utilizing new technologies as an approved method of service of process. [read post]
12 Feb 2021, 1:13 pm
The plaintiffs were entitled to enforce the injunction even where the harassing conduct was directed against a third party for the purpose of harassing a plaintiff. [read post]
12 Feb 2021, 12:59 pm
” Obviously missing from Cranor’s scheme is the idea of trying to challenge or test hypotheses severely to see whether withstand such challenges. [read post]
12 Feb 2021, 12:45 pm
The decedent underwent imaging tests but was ultimately discharged. [read post]
12 Feb 2021, 11:29 am
“But because Rule 23(b)(3) requires a balancing test, it does not permit district courts to make administrative feasibility a requirement. [read post]
12 Feb 2021, 11:06 am
As the plaintiff, you must establish the following: You used the product as intended. [read post]
12 Feb 2021, 11:00 am
The plaintiff suffered losses due to the injury. [read post]
12 Feb 2021, 10:51 am
While in some instances the changes proffered may be convincing and irrefutable, the real test is whether the changes claimed, and the proofs substantiating same, would at least rise to the level of making out a threshold showing of changed circumstances. [read post]
11 Feb 2021, 2:53 pm
As we covered previously, the Supreme Court was worried about discouraging low prices for consumers by companies with large market shares and so adopted a two-part test in Brooke Group that is difficult for plaintiffs to meet. [read post]
11 Feb 2021, 2:02 pm
Applying a ‘but-for’ test, the exclusion applies to bar coverage for the settlements” in the underlying civil actions, since the individuals were sued in those actions as directors and officers of VEREIT. [read post]
11 Feb 2021, 9:19 am
The Supreme Court then wen on to apply the three-pronged test. [read post]
11 Feb 2021, 7:31 am
Once the tests are ordered and completed, a radiologist will review the results. [read post]
10 Feb 2021, 12:41 pm
A blood test after the accident showed that he had marijuana in his system at the time of the accident. [read post]
